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25 LYNDE STREET - BUILDING JACKET �� 25 LYNDE STREET DATE:.................. . _.... .. ...... .. .._............ APPEAL CASE NO.- .�-C 8 CITY OF SALEM, MASS)tdi�J' ETrS CITY CLLM.—S OFFICE SALEM, MASS. 3$ TO THE BOARD OF APPEALS: The Undersigned represent that t hey xk are the Owners of a certain parcel of land located at 25 Lynde B_3 No.. ----•- ...... --- SBC:' v paYagYaph g�_g---------------- Street, Zoning District....-.-.--... ... and said Parcel is affected byyA6YiW---------------------- of the Salem Zoning By-Laws and 8&Xmxxxxxxxxxxt the]'f3IPbl4? {I�'bft�}3�G4�d�3a Plans describing the work proposed, have been submitted to the Building Inspector in accordance with Part 2, of the Building Code of the City of Salem. Briefly, the work is as follows: Rehabilitate and convert existing vacant building to two apartment units The Application for Permit was denied by the Building Inspector for the following reasons: Non—conformance to zoning ordinance The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning By-Laws and the Salem Building Code and order the Building Inspector to approve the application fee permit to build . as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning By-Laws and Byilding Code for the following reasons: May 17 1976 b & R eat Trust Date._....... ..... ...... Petit ner.. --... .-. . . . �' By. OTIrr . ..- A orney Address-10.... .. -.s ...u...........•-r---PeabodY_,.._MA.....01960 This application must be filed at the City Clerk's Office wi a check, for advertising in the amount of 5..... �. S.......... four (4) weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. No...._ ........ PETITION TO BOARD OF APPEALS LOCATION No............. . ......... - - -------------- ----- PAitioner ------- ...... ........... ............. -------- ---I................ . ................ ------------ .. _-- .......... .. ..... CONDITIONS ------ ------------- ---- --------- ----------------------------- ------------ ----- ------------ ----- ----------------------------- ----- ----------- ------------------------ ------ - ----- --- ---------- -------•------------------------ --------------------- ... .................— - --------- ----- --------------------- ....... ...... ...... a. PETITION: APPROVED ❑ DENIED . . . . . . wt3 ......I............................ ........... ........ ........ 19------- DATE:.......-_---------------------------- - APPEAL CASE R��CEIVED ------- CITY OF SALEM, MA§Sk6WNPTTS CITY CLLRK'S OFFICE SALEW MASS: TO THE BOARD OF APPEALS: The Undersigned represent that t hey yd's are the Owners of a certain parcel of land located at No ...25..-IaY�d.. ........... ---- ......... .......... ........... . ... ...._.....Street; Zoning District...$^3........... ; Sec. V Paragraph A-6 and said Parcel is affected by,�[ti�)_e;--------- ----------- o� the Salem ZoningB Laws and t . Y ' tisxA the tldict$, ods:4�_thoCi�y-;of541em.: Plans describing the work proposed, have been submitted to the Building Inspector in accordance with Part 2, of the Building Code of the City of Salem. Briefly, the work is as follows: Rehabilitate and convert existing vacant building to two apartment units The Application for Permit was denied by the Building Inspector for the following reasons: Non—conformance to zoning ordinance The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning By-Laws and the Salem Building Code and order the Building Inspector to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning By-Laws and Building Code for the following reasons: Datc._.j*y_17* 1976.............. Pen 'oner.._......... .....`�`: 1 y Trust By.. ........ ........ . . . _. .............. ............. . ... h10ThY O F Attorney Address.-I.O.-.. a - t.- - -.-.peabody,---PA-----01960 This application must be filed at the City Clerk's Office with a e eck, for advertising in the amount of $---... ?1. J`.... four (4) weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. No. ----------------- PETITION TO BOARD OF APPEALS LOCATION No.---.—..._..... ------ — Petitioner... _ I---------------- .............. . Address - ------- - - ----------- ---- -- - - ------ - - - ----------- CONDITIONS ------------- -------- ----- --------------- ........ - ----- ------------ --------------------- ------------------------ ............. -----------------I... . ................................... -- --------------- ........------------------- ------------ -------- ...................... 7...... ........ ......... ...... nt PETITION: APPROYED . . . . . El "a " DENIED . . . . . . ......... -------.............................. ................. 19.--- . 77n Ex"sT. 5TAIRNVAY —77 K C { F IC _ _ 1 { E G C s Cs 3ro.,e va,Y 11� o bl-- NTNG 1C,T� �1 Av,n ocOQ ,A� 1 A x Co 1 ENTTLy' I _ i 2 I I CC P3(5pK Ac. 1611 , 174 F, R= F�aoe �� '' - - r,a�.c 11.10 Y61CAL��HAN[r5 T3 3! WiAVF TC? EXTCtE.i01C.>C� T&Uli'aIr_I(i �1Fv 5m, rAlc� A,Y o I F iit) j` E , i r �JE�C0111t7 f=LC>o r.C-:-127 FES`3,1974, A, LAVOIE o 0 �d3ts.i FElerrly, MASS.. 01915,_ - �LC?cm RL,4,1V��-„_ F-ALP A.4 2AWNJ 2081 POD Pc-�1 �( TeusT MAetou A. PARs✓ISELLA , \\\ MAU20GEN15 Ex 15T. 3 5To ANM \ C7APr.� EXIST Z STORY MAPIDN E. GEOf�E A. ED EkIST 2�L STORY "IL•t� MA��AAT. �� "U E}J� {4 Fo e + I 30 -t'2'8 X24 s 22 L �/ G Ex15—rlw(q 2 STOZY G i Ni D L mono FeAME E5L oq. �� T FZ G E: T PeoFP09ED TO CcwTAIN F APARTMENT L.yJIT6 t ;tt-25 127' �5� I 23.. 32• . , X21 r 71- - — &' 41' TO WOOTH St xisT 2�2 I I ST02Y � I I � 1 1 (3 APT.) , CITY OF CIT m k J5_ALEM Sa.LEM I ) I N SALEM � 1 1 � / � �PA>✓KINC�� METE2ED PARKINC1) \VESI_EY Fj 2.t METH0c> 15T \ t Ex1IST 1 5TOMY J >aek. ��b4 PLOTPLANJ of LA II 17 uizcN > LOcA-reo iNj zlu SALEM iyiA55,m QP2EPAREo F02 \ EL2004 y.00 PCALTY TO SALEM YOLtN4 6N5 SCALE: ���= 20 r ,4Pszit_ 30, ►97Co CH215TIAN CIATION \\ No 5TOEST4 Lor Uue6 Foo" PLAjjsAND DEEDS OF J?ECO2.0 AMD C!T`I'OF5ALEM .4SSE5soQs NJaPs. F3u1L.fllri�� F2nwt FIELD Loc-A-room. A R3ePAeeo BY. ROSTIll A; L.f+:E;OM7 rrI A3'TINI VcsZCrl CITY OF SALEM, MASSACHUSETTS 5i PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 SNOW REMOVAL TICKET 3033 ADDRESS 0,5�AIL> ST/ T DATE OF OFFENSE.-- PROPERTY FFENSE.PROPERTY OWNER DR&J OWNERS ADDRESS 1"Aa?7E INFORMATIONAL WARNING TICKET ($25:00) FROM: Building Department RE: Failure to Remove Ice And Snow Please be advised of the following notice regarding the removal of snow and ice from the sidewalk. It is the responsibility of the Property Owner to have snow and/or ice removed from your sidewalk; and/or to have the same sanded/salted to reduce the risk of injury. In accordance with the City of Salem Code of Ordinance, Section 38-13 and Section 38-14, failure to remove snow and ice from sidewalks within the prescribed time(within 6 hours of the end of snowfall during daytime,by 12 noon if snowfall occurs during the overnight)will result in a fine being assessed for each day of the violation. If you have any questions regarding this matter,please contact this office at 978—745—9595 ext 380. Below,please find a copy of the City of Salem Code of Ordinance Sections 38- 13 and 38-14. Thank you for your cooperation in this matter. Tom St.Pierre,Building Commissioner Sec.38-13YRemoval of snow and ice from sidewalks The owner of any building or lot of land bordering any street, lane, court, square, or public place within the city where there is a sidewalk shall cause all snow that may be on such sidewalk to be removed therefrom within six hours after the snow ceases to fall if it ceases to fall in the daytime and before noon if it ceases to fall in the nighttime. If he neglects to do so, he shall be fined$25.00 for each offense. The director ofpublic properhv or his designees, all building inspectors, in addition to police officers,shall be enforcing persons jar this section. This section shall apply to snow which falls from buildings as well as that which falls from the clouds. (Code 1973, Sec. 26-13: Ord. Of 3-30-2000, Sec. I; Ord. Of 1-9-2003, Sec. 1) Sec. 38-14. Removal of ice from sidewalks. Whenever any sidewalk or any part thereof adjoining any building or lot of land on any street, lane, court, square, or public place is encumbered with ice, it shall be the duty of the owner to cause such sidewalk to be made safe and convenient by removing the ice therefrom or by making such ice even and keeping it covered with sand, ashes, or some other suitable material to prevent slipping within six hours after the ice forms if in the daytime, and before 12:00 noon if it forms in the nighttime. If he neglects to do so, he shall be fined$25.00 for each offense. All building inspectors, in addition to police officers, shall be enforcing persons for this section. (Code 1973, Sec. 26-14: Ord. Of 3-30-2000, Sec. II) CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street — ROBERT E. BLENKHORN Salem,Massachusetts 01970 HEALTH AGENTo. :ry — 508-741-1800 '7M m C z n A-0 M August 6, 1991 t" cm Attorney Drew Romanovitz 25 Lynde Street Salem, MA 01970 Dear Sir: On 7/30/91, this department was notified by your 3rd floor tenant, Mr. Paras that he will be vacating 8/ 1/91. Please be advised that this third floor apartment cannot be rented to a new tenant until all requirements of the Building, Gas and Plumbing Departments have been met (refer to their correspondence). Please also be advised that in accordance with City of Salem Ordinance, Atricle XIII, a Certificate of Fitness inspection must be conducted by this Department prior to rental. Kindly contact this department for an inspection. If this apartment meets the requirements of State Sanitary Code, Chapter II, 105 CMR 410.000 "Minimum StandardsofFitness for. Human Habitation", a Certificate of Fitness will be issued. In addition all cross metering problems must be resolved. Thank you for your anticipated cooperation. Y Very truly yours, FOR THE BOARD OF HEALTH ..,EEPLY TO C- & Robert E. Blenkhorn, C.H.O. Virginia E. Moustakis Health Agent Sanitarian VEM/BAS cc: David Harris, Building Inspector Dennis Ross, Gas & Plumbing Inspector HAND DELIVERED 8/8/91 I �� { Y SSS c-�.-,,.� L. �°�"� �""' �d CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street ROBERT E. BLENKHORN Salem, Massachusetts 01970 a HEALTH AGENT 508-741-1800 July 11, 1991 Drew Romanovitz, Atty. 25 Lynde St. Salem, MA. 01970 Dear Sir: RE: 25 Lynde St. On 7/10/91, complaints were received by the Plumbing Inspector's Office and the Health Department from your third floor tenant David Paras, regarding gas shut-off and excessive gas bills. Plumbing Inspector Dennis Ross and Health Inspector Virginia Moustakis met on site with your tenant. Mr Ross evaluated and checked the water and heating for this building which consists of two apartments and an office on the first floor. It appears there is some mixup regarding which meter belongs to which apartment. Kindly take immediate corrective action to resolve this matter and, if necessary, employ the services of a licensed plumber. Please be advised that the gas must be reinstated immediately within 24 hours per State Sanitary Code,. Chapter II, 105 CMR 410.620 "Curtailment Prohibited". No owner or occupant shall cause any service, facility, equipment, or utility which is required to be made available by 105 CMR 410.000 to be removed from or shut-off from any occupied dwelling except for such temporary period as may be necessary during actual repairs or alterations and where reasonable notice of curtailment of service is given to the occupant, or during temporary emergencies when curtailment of service is approved by the Board of Health. If any such service or facility that a person is required to provide by 105 CMR 410.000 or has agreed to supply by written letting agreement becomes curtailed, that person shall take immediate steps to cause its restoration. (See M.G.L. c. 186, s. 14) . VIOLATIONS WHICH MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH OR SAFTEY AND WELL-BEING OF AN OCCUPANT. SALEM HEALTH DEPARTMENT 9 North Street Salem;MA 01970 Romanovitz July 11, 1991 Page 2 At time of inspection, we also noted an opening in the floor leading down to the office to the exterior that the tenant stated was the second means of egress. We are referring this matter to the building inspector for his evaluation and determination We are requesting that all objects placed around the heating units and water tank to be removed to allow free circulating air. Kindly contact this office upon reinstatement of gas service. Very truly yours, FOR THE BOARD OF HEALTH REPLY TO "r UL- , Robert E. Blenkhorn C.H.O. Virginia E. Moustakis Health Agent Sanitarian VEM/NAM Enclosure 1 CC: Dennis Ross, Municipal Plumbing Inspector David Paras Certified Mail P 417 243 998 Ice . . - / y V 4h a pP0 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH _ 9 North Street ROBERT E. BLftHORQ Salem, Massachusetts 01970 - �EALTH AGENT _ 308-741-M--W p . CD r-1 u De41 Property v90er: x _ �_ Thies goL4C* serves to inform you of the requirements of the State Sanitary Code Chatter II:-Minimum Standards of Fitness for Human Habitation, relative to metering of electrjJ4ty 4Ad.. gas. 105 CMR 410.354 Metering of Electricity and Gas (A) The owner shall- provide and pay for the electricity and gas used in each � , dwelling unit unless (1) Such gas or electricity is metered through a meter which serves only the dwelling unit, except as allowed by '105 CMR 410.254 (B); and (2) The,rental agreement provides for paymentbythe occupant. (B) If the owner is required, by this Chapter :or by a rental agreement consistent with this Chapter, to pay for the electricity or gas used in a dwelling unit, then such electricity or gas may be metered through meters which serve more than one dwelling unit. (C) If the owner is not required to pay for the electricity or gas used in a .dwelling unit, then the owner shall install and maintain wiring and piping so that any such electricity or gas used in the dwelling unit is metered through meters which serve only such dwelling unit. 105 CMR 410.254 Lighting in Passageways Hallways, and Stairways (A) The owner shall at all times provide and pay for, except as allowed in - 105 CMR 410.254 (B), light in every part of all interior passageways, hallways, and stairways used or intended for use by the occuapnts of more than one dwelling unit or rooming unit so that illumination, alone or in conjunction with natural lighting, _shall be at least 3 footcandles, measured at floor level. k (B) In a dwelling containing only three or fewer dwelling units, the light fixtures used to illuminate a common hallway may be wired to the electric service serving a dwelling unit on the same floor provided that if the occupant of such dwelling unit is responsible for paying for the elictric service to such dwelling unit, then (1) the rental agreement shall state that the occupant is responsible for payingforthe light in the common hallway; and (2) the owner shall so notify the occupants of the other dwelling units. Put more simply, a property owner is required to pay gas and electricity for residential tenants if there is not a written letting agreement stating the tenant is responsible for those utilities and if the' meter(s) record electricity and gas : use which is not used exclusively by that tenant. Examples of violations include but are not limited to: a tenant paying for lights and smoke detectors in common hallways, and one gas heating system serving two or more units, either in whole or in part, with the tenants responsible for the gas charges. - Please be advised that it is your responsibility as property owner to ensure that your dwelling complies with this and all other applicable sections of the State - Sanitary Code Chapter II. In recent decisions, the Department of Public Utilities has billed property owners for their tenants' entire utility bills retroactive to the date of initial occupancy in cases in which cross-metering has been proven to exist. Feel free to contact this office at (508) 741-1800 with any questions. FOR THE BOARD OF HEALTH E ROBERT E. BLENKHORN, C.H.O. Health Agent 40 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street ROBERT E BLENKHORN Salem, Massachusetts 01970 HEALTH AGENT 508-741-1800 August 6, 1991 C2Attorney -Drew_Romanovitz 5 Lynde Street Salem,MIC--O 19 7 0 Dear Sir: On 7/30/91, this department was notified by your 3rd floor tenant, Mr. Paras that he will be vacating 8/1/91. Please be advised that this third floor apartment cannot be rented to a new tenant until all requirements of the Building, Gas and Plumbine Departments have been met (refer to their correspondence) . Please also be advised that in accordance with City of Salem Ordinance, Atricle XIII, a Certificate of Fitness inspection must be conducted by this Department prior to rental. Kindly contact this department for an, inspection. If this apartment meets the requirements of State Sanitary Code, Chapter I1, 105 CMR 410.000 "Minimum Standards of Fitness for Human Habitation", ,a Certificate of Fitness will be issued. In addition all cross metering problems must be resolved. Thank you for your anticipated cooperati-on. Very truly yours, FOR THE BOARD OF HEALTH REPLY TO c & � Robert E. Blenkhorn, C.H.O. Virginia E. Moustakis Health Agent Sanitarian VEM/BAS cc: David Harris, Building Inspector Dennis Ross, Gas & Plumbing Inspector HAND DELIVERED 8/8/91 rA. Salem Redevelopment 44-6900 Authority ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 TELEPHONE 744-4580 March 25, 1992 Mr . David Jaquith S Enon Street Beverly, MA 01915 Re: 25 Lynde Street Window Replacement Dear Mr . Jaquith: This letter is to inform you that the Salem Redevelopment Authority has unanimously approved your. request to replace the windows on the property located at 25 Lynde Street. The Window replacement was approved with the following conditions: 1 . All windows must be replaced in order for the building to have a uniform appearance; and 2 . The outside of the windows must have permanently affixed muttins. Please feel free to contact myself or Kim Lord at 745-9595 , ext . 311 , if you have questions regarding the above matter . ncerely, I1 ill ' m E. Luster Project Administrator esd\kl\jaquith Citp of Gal m, jUno buottg �t Public Vropertp Mepartment 3iuilbing department One Salem Oreen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 15, 1991 David Paras 25 Lynde Street Salen,MA 01970 RE: GAS PIPING 25 Lynde Street Dear Sir, Having received a complaint frau the Salem Board of Health, regarding possible cross connection of gas piping at the above referenced property, a site visit was made on July 10, 1991. I net with Virginia Moustakis of the Health Department and David Paras at 25 Lynde Street, the following was found. Gas piping to the first floor gas furnace and the third floor gas range were on one meter. The other meter has gas connection with one gas fired water and one gas fired furnace, which was not in operation. The caner, Drew Rcmanowitz arrived, showing the gas meter which he claims he pays for, which is the same meter in question. Mr. Rcmanowitz assured me he would straighten out this problem. I also noted that a water heater was installed without benefit of_ a gas permit, Mr. Rcronowitz said he would take care of this matter also. If you have any further questions regarding this matter please contact me at this office. Sincerely, Dennis Ross Gas & Plumbing Inspector DR/eaf t.. CITY OF SAL^SI ECOND PA AGI In the year one thousand nine hundred and eighty An Ordinance relating to the conversion of rental housing to Condominiums. Be it ordained by the City Council of the City of Salem, as follows: Section 1. The Zoning Ordinance of the City of Salem as mostrecently amended is hereby anterded as follows: Section V-B Special Permit Uses is hereby anended by adding at the end thereof: Subsection 12—Condominium and Cooperative Coaversion A. The conversion of an existing building or strucb.ire previously or presently used for rental housing of my type, kind or character into a cooperative or condominium will be allowed if permission of the Board of Appeals is obtained is accordance with the procedure and conditions set `orth in Section 1�-D :^,ereof, provided however, that all other provisions of this 'Zoning Ordinance stall apply relating to Use Regulations, Density Regulations and Supplemental Regulations and further providing that there shall be com- pliance with all applicable provisions of Massachusetts General Laws Chapter 183A as it may he from time to time amended. Nothing herein shall be construed to prevent the conversion of existing buildings or structures not previously or presently used for rental housing lnto,a condominium or cooperative and nothing herein shall be construed to prevent. cooperative or condominium conversions that take place as part of the Urhan Development Action Grant program ad- ministered by the City of Salem. b. in addition to the Notice requirements set forth in this Zoning Ordinance and in the provisions of Massachusetts General Laws Chapter 40A as amended,prior to the filing of a Petition for a condominium or cooperative conversion, Notice io writing along with a copy of the Ordinance must be given to the present tenants of the building of the intent to file the Petition and proof that such Notice has been given must be filed with the Board of Appeals together with the Petition. Notice c.` the filing shall also be given to the Housing Authority of tine City of Salem. AB documentation required by Massachusetts General Law Chapter 183A shall also be filed together with such Petition, and tenants shall receive Notice of the public hearing before the Board of Appeals. c. In determining whether or not to grant the Petition for Special Permit, the Board of Appeals shall consider in ad- dition to the matters set forth in Section IX-A hereof and Massachusetts General Law Chapter 40A, the following matters: 1. the relationship of the condominium or cooperative conversion to the Master Plan of the City of Salem: • 2. the impact of the cooperative or condominium con- version on the neighborhood and its impact on the existing stock of rental units in the City of Salem for families of low and moderate income and elderly people on fixed incomes; 3. the degree of hardship caused by the conversion on existing tenants in the building and the steps taken by the Petitioner to alleviate such hardship, in particular, steps taken which allow the tenant to purchase the condominium or cooperative unit and steps taken to provide adequate time within which the tenant may find adequate housing; 4. furthermore, in granting any special permit under this section,the Board of Appeals shall provide for a minimum of six months to elapse from the time of their action before the - issuance of the permit and the commencementof any work in furtherance of the condominium or cooperative conversion unless the building is vacant at the time of the filing of such Petition or becomes vacant thereafter provided, however, that if the Board of.Appeals determines that the,vacancy has been purposely caused in order to prepare the project for conversion the Issuance of the Special Permit shall be denied. . i Section II.This Ordinance shall ta:ce effect 5s provide in City Charter and Massachusetts General Law Chapter 40A, Section 5. : In City Council December 22,1980, Adopted as petition to Planning Board to amend Zoning Ordinance, and Joint Public Hearing with Council and Planning Board to be scheduled. Hearing held January 29,1981 : In City Council February 26,1981 Ordinance adopted as amended forfirst passage , In City Council March 12,1981 - Adopted for second and final passage by a unanimous roll call vote Approved by the Mayor on March 2s,1981. ' Office Res. 745-5151 774-7230 I H. Drew Romanovitz_ Attorney and Counsellor at Law i H.Drew Romanovitz 276 Essex Street. D.Dunbar Livingston Salem,Massachusetts 01970 4OA § 5 CITIES, TOWNS AND DISTRICTS K IR., Note 71 - p- h Powers granted zoning board of ap- ordinances. Bearce v. Zoning Bd. of. _k ous` f peals by former c. 40A did not Include Appeals of Brockton (1966) 219 N.E.2d CTe88e,ln..a Power to.nullify acts of local legislative 15, 351 Mass. 316. '' ' L, yY,i body in adopting and amending zoning ,Ce ta"effectiv :? and-Sevent § 6. Existing structures, uses, or permits; certain subdivision <r pis; application of chapter n it ani rj Except as hereinafter provided, a. zoning ordinance or by-law graar ( shall not apply to structures or uses lawfully in existence or.lawfully January begun, or to a building or special permit issued before the first.publi- ♦�. "y .rc-pry xw6�i:'. 1 cation of notice of the public.-hearing on such ordinance,or by-law in"g�,rec ' ) required by section five; but shall apply to any change:or substantial midiedisi � extension of such use, to a building or special permit issued after the P '1d�at ?l,, first notice of said public hearing, to any reconstruction, extension or ay &rst �t3 structural change of such structure and to any alteration of a:struc- attthe''pi S ture begun afterAhe firsf notice of said public hearing to provide for of�such ad its use for a substantiallydifferent purpose or for the same,purpose thistparag in a substantially different manner or to a substantially greater ex- "upon„if at tent except where alteration, reconstruction, extension or structural bated by; change`to a single or two-family residential;structure does not;in if a d crease the nonconforming nature'of said structure. Pre-existing non- b Y conformmg sti'uctures oz'-uses may be extended or,altered,'prgvlded, "' Bund that`n`o such extension or alteration shall:lie' ` permitted unless three is on a finding by:the permit:granting authority+or by:the special permit; te=b granting authority,designated ;by ordinance or by-law that.'such ernF change, extension or,,,alteration shall not be substantially more"detri mental Uhan the existing nonconformin s g use to'.the'neighborhood.'` plan: This section shall nota 1 to billboards,si - v` pp Y gns and'other advertisiiig' device's subject;"to 'the provisions of sectpns twenty Haney through" " thirty-three, mclusroe,'of<:chapter.ninety three, and•'to chapter nuiety,. irovai e three D A'zoning ordinance or by law shallprovide that con struclaonyor ty-six operations under~a building or "special permit shall conform tozany subsequent amendment"of the grdinance or by law unless,the use or,, = - construction is` commenced within i period of not more thaw six b�nxs months after the issuance of the permit and m cases mvolvmgicon bmissioii; struction, unless such construction is continued througfi to completion ` 0wr ascontmuously.andezpeditiouslyasjsreasonable f„t� ni y A�zoning ordinance or-by-kw may define and regulate noncon sioa ofrsuc �g forming uses.and structures abandvis oned or not used`for a period.of diion"col ,two years or more. thexdeterm period of ti Any`increase in area, frontage, width, yard, o 'd epth require . board that #'- ments of a zoning ordinance or by-law shall not apply to.alot for aired a single and two-family residential use whichor v_ at the time of recording q, Dyna or endorsement; whichever occurs sooner was not.held in-common' is PF wluch;shal k l ownership,with:.any adjoining land, conformed to,then existing re :wded I, a quirements and had less than the proposed requirement but at least 110 ZONING 40A § s five thousand square feet of area and fifty feet Of frontage: Any in -e v. Zoning ad. of crease in area,frontage, width,.yard-or depth requirement of a zoning. :on (190) 219 N.E.2dordinance or,by shall not._apply.for eriod.of five yea�a p ,,from its.effective date or for five years after January first,,nineteen hundred and seventy-six, whichever is;later; to a lot for single.and two family :ertain subdivision residential use, provided the plan for;,such lot w,as;recorded or ad- dossed and .such lot was h't Ield in common ownership;,with;anyad- r joining land;and,conformed, the existing zoning:requirements as dmance,or by-law istence o;lawfully of January first, nineteen hundred and seventy six, and had less area, orethe•firstlpubli, frontage, width, yard{or depth requirements than the new)yeffective durance,o. by law zoning -requirements';but contained at uleast seven thousand,five Inge or sabstantiai £; hundred`square feet-.,of tarea ;and seventy-five feet•of frontage; and int issued'after the provided that.said five•year period does not commence Prior to Janu- iction, extension o'r ary first, ,nineteen•hiindre& and• seventy six >and;provided further teration of a strut•', that the provisions ofi.this sentence shall not apply to:more than three ung to provide for of such adjoining lots held m common ownP hip The provisionsY r the,wne{Puip4se this paragraph shallnot be„construed to' rohibft a ,lot,being: ater'ex- upon„if at the tune of the building, building upon such dot is not pro ti hibited by;the zoning,ordmancesor by laws m effect_in a city;oi town• rasion or;structural If.a definitive plan,.or.a preliminary plan-followed within seven acture does not,,in months by a definitive plan, is submitted to a planning board for ap, Preexisting non- proval-under the subdivision control law,,-and wrrtfen,.notice of such r altered, provided, submission has been given,to the city or,town clerk,before.the effee itted unless.there is tive date of ordinance'or by-law, the land shown on such plan shall the special permit be governed by the applicable-provisions of the zoning ordinance or • by-law that`such a_ bylaw, if any, in effect at.the time of the first such submission while antially more detri- % processed under the subdivision control .the.:neighborhood. such plan f plans are being rad other advertising law, and, if such definitive plan or an amendment thereof is finally .id oth r a through approved, for five years from the date of the endorsement of such d to chapter ninety- approval, except in the case wheresuch plan was submitted or sub- mitted and approved before January first, nineteen hundred and seventy-six, for seven years from the date of the endorsement of such that construction or approval. Mall conform to any When a plan referred to section eighty-one P of chapter forty one iw unless the use or "'• ' has been submitted to a planning board and written.notice:of such not more than six submission has been given to.the city or town clerk, the use of the cases involving'con- land shown on such plan shall:be governed by applicable provisions. nrough to completion of the zoning ordinance or,by-law in effect at the time of the submis- sion of such plan while such plan is being processed under:the sub- ind regulate.noncon- division control law including the time required to pursue or await used for a period of the determination of an appeal referred to in said section, and for a period of three years from the date of endorsement by the planning A or depth requireboard that approval under the subdivision control law is not re- ot apply to a lot for quired, or words of similar import. the time of recording Disapproval of a plan shall not serve to terminate any rights not held in common which shall have accrued under the provisions of this section, pro- to then existing re- vided an appeal from the decision disapproving said plan is made uirement but at least r Z 40A § 6 CITIES, TOWNS AND DISTRICTS „¢ c under applicable provisions of the subdivision control law. Such "- = Land use and appeal shall stay, pending an order or decree of a court of final juris- 4, ing uses. Rich Slass.L.Q. 323. diction, the applicability to land shown on said plan of the provisions Land use and s of any zoning ordinance or by-law which became effective after the G. Huber, s n date of submission of the plan first submitted. yy; Law,Boston co] In the event that any lot shown_ on a plan endorsed by the plan- ' ¢ Lana use pl Yi " , s D'Agostine and ning board is the subject matter of any appeal or any Iitigation, the Annual survey " exemptive provisions of this section shall be extended for a period " Cortege, p. 192 (: � . -" equal to that from the date of filing of said appeal or the commence- Nonconformin ment of litigation, whichever is earlier, to the date of final disposition Generally. nual Sur thereof, provided final adjudication is in favor of the owner of said lot. ton,cone; a , The record owner of the land shall have the right, at any time, nual Sur' by an instrument dui recorded in the registry ton colli Y gi try of deeds for the dis- Mass.L.Q. trict in which the land lies, to waive the provisions of this section, Alterations. in which case the ordinance or by-law then or thereafter in effect Annual F.. Boston Cc shall apply. The submission of an amended plan or of a further Effect of n. ' subdivision of all or part of the land shall not constitute such a waiver, from lova nor shall it have the effect of further extending the applicability of J and G. H . ,;. of Mass: the ordinance or by-law that was extended by the original submission, 363 (1969) i h but, if accompanied by the waiver described above shall have the 3 Quality and effect of extending, but only to extent aforesaid, the ordinance or by- y changes of use. law made then applicable by such waiver. David A. Mills. Mass. Law, B Added by St.1975, c;808, § 3. Amended-by St.1977, c. 829, § 3D; St.1979, c. (1968). 106. t - - ,4pot zoning. s _ Historical Note. q nual.Survey of St.1977, c. 829,,.§ 3D, an emergency G.L. c. 40A, §§ 5, 11, as added by St. lege,.p. 135 (196 act, approved Dec. 20, 1977, correctively 1954,c. 368,§2. - - .Mass..Law, Bosi substituted "more" for "less" in the see- G.L.c. 40A,§ 7A, as added by St.1957, 'I „.Status of pe ond-paragraph: < c. 297.. commenced, sono . G.L. c. 40A, 5A, as added b 1.'.`Annuai Surve 'St1979, c -;108,:,ith pad the second $ y St.1958, �' Cojlege,pp.208, seatence 3a the,fourth,paragraph. .c.1 492. - _ St.1959;c. 221. a" St.1979,,c. 108, was approved April 19, St.1960, c:291. { 1979. Emergency declaration by the Gov- �,� ,E Zoning X321 St.1960,c.789,§ 1. i error was�Plled`Apri720,.1979. „�,4;C;J.SO St.1981,c.435,§§1,2. � Zoning,� Cmmenjs. Prior Laws.. St.1962, c. 340. - o, %> Effect of St 1920;c .3, 6 : .SL1963,c. 591.. - h`^ building 1 $$ - .St.1964;c. 688. ... '18, $ 3 932 54. G:L.1 (Ter Ed)c:40 §§26,28. St.1965, c:,65. St.1933,'e 269,$;?•`" - 'St.m,c 366, §1. ° 4.,:Exceptions St194?,.c St.1969, C. 572.. S.vol. ;Exceptions Law Review:commentaries Accessory" and non-contormin -_ Functions o: g. uses. `Airspace use and existing structures. aMment a I-- Richard G. Huber, 5 Annual Survey of (1971)5 Suffolk U.L.Rev.1010. - Mass:. Law, Boston College, p. 140 (1958). - Application of Chapter 808 toexisting `, 5 -' structures, uses, plan variances and per- Additions;to and extensions of noncon- mits. William C. Hays (1978) 22 Boston b'k§ In general 2 forming uses. Richard G. Huber, 11 Bar J.No. 4,p. 17. E Abandonment Annual Survey of Mass. Law, Boston rm Nonconfo Exemption from lot size requirements. ',- College, p.172(1964), _ Richard G.-Huber, 6 Annml Survey of Normo[ o g m hl _ Administrative discretion in zoning. Mass. Law, Boston College, p. 121 .Abortion ellnics u. (1969)82 Harvard L.Rev.668. (1959). k Adjoining lots, n ° F 112 " 'v §gJH i s 'dlt, p 'Yrio nG ur �� U " Vq � cG S U�+""� R.eod, Titij of 'ift1Pin In the year one thousand nine hundred and eighty An (Orainanrr relating to the conversion of rental housing to Condominiums. Be it ordained by the City Council of the City of Salem, as follows: gattOn 1. The Zoning Ordinance of the City of Salem as most recently amended is hereby amended as follows: Section V-B Special Permit Uses is hereby amended by adding at the end, thereof: Subsection 12 - Condominium and Cooperative Conversion a. The conversion of an existing building or structure previously or presently used for rental housing of any type, kind or character into a cooperative or condominium will be allowed if permission of the Board of Appeals is obtained in accordance with the procedure and conditions set forth in Section IX-D hereof, provided however, that all other provisions of this Zoning Ordinance shall apply relating to Use Regulations, Density Regulations and Supplemental Regulations and further providing that there shall be compliance with all applicable provisions of Massachusetts General Laws Chapter 183A as it may be from time to time amended. Nothing herein shall be construed to prevent the conversion of existing buildings or structures .not previously or presently used for rental housing into a condominium or cooperative and nothing herein shall be construed to prevent cooperative or condominium conversions that take place as part of the Urban Development Action Grant program administered by the City of Salem. b. In addition to the Notice requirements set -forth in this Zoning Ordinance and in the provisions of Massachusetts General Laws Chapter 40A as amended, prior to the filing of a Petition for a oondominiaun or cooperative conversion, Notice in writing along with a copy of the Ordinance must be given to the present tenants of the building of the intent to file the Petition and proof that such Notice has been given must be .filed with the Board of Appeals together with the Petition. 3 Notice of the filing shall also be given to the Housing Authority of the City of Salem. All documentation required by Massachusetts General Law Chapter 183A shall also be filed together with such Petition and tenants shall receive Notice of the public hearing before the Board of Appeals. t� -2- c. In determining whether or not togrant the Petition for Special Permit, the Board of Appeals shall consider in addition to the matters set forth in Section IX-A hereof and Massachusetts General Law Chapter 40A, the following matters: 1. the relationship of the condominium or cooperative conversion to the Master Plan of the City of Salem; 2. the impact of the cooperative or condominium conversion on the neighborhood and its impact on the existing stock of rental units in the City of Salm for families of low and moderate income and elderly people on fixed incomes; 3. the degree of hardship caused by the conversion on existing tenants in the building and the steps taken by the Petitioner to alleviate such hardship, in particular, steps taken which al-low the tenant to purchase the condominium or cooperative unit and steps taken to provide adequate time within which the tenant may find adequate housing; 4. furthermore, in granting any special permit under this section, the Board of Appeals shall provide for a minimum of six months to elapse from the time of their action before the issuance of the permit and the commence- ment of any work in furtherance of the condominium or cooperative conversion unless the building is vacant at the time of the filing of such Petition or becomes vacant thereafter provided, however, that if the Board of Appeals determines that the vacancy has been purposely caused in order to prepare the project for conversion the issuance of the Special Permit shall be denied. Section II. This Ordinance shall take effect as provided in City Charter and Massachusetts General Iaw Chapter 40A, Section 5. In City Council December 22, 1980 Adopted as petition to Planning Board to amend Zoning Ordinance, and Joint Public Hearing with Council and Planning Board to be scheduled. Hearing held January 29, 1981 In City Council February 2'E, 1981 Ordinance adopted as amended for first passage In City Council March 12, 1981 Adopted for second and final passage by a unanimous roll call vote Approved by the Mayor on March 24, 1981 ATTEST: JOSEPEW R. FUSCO CITY CLERK as r _ •w->Jr,-F,.e m ;. r i i *.+i t�h Zi,} i e 4 ;�. "a ` t Y r J --i r -dr1.S-.4. e di falC�4 Ad"�x i 401.OT fT�/a"' (� XGpd 4 tiro tJx .I!•1EPE+9Y CECT/FY TVA ''. .r; _ �Eeuaowrs.s�irr,✓,�.i���av „)C",�JL� ��'a'Q �� AEF is 'AT£-O,au THS qec 4-,O .47 5XIINVA� �°1r� Q evL S:7,W r�iir9. au: ©off ;� .c"�yJ.s��eEof.aJuoJc�'k�t� �$ S'G7'f t / hj s ) loss of rent , damages and other net's ' fees , brokerage , and cost by reason of such termination , Landlord. The Tenant further ag the Landlord in the event of su amount by which the rent and of balance of the tern hereinabove value of the premises for the b given to the liability of Tenan paragraph 19 , for any payments 20 . 7TRE INSURANCE The this lease at its own cost and insurance in an amount of not 1 sound insurance value of any bu Premises . Such policies shall p and furthermore shall provide f without at least twenty ( 20) da Tenant . All such insurance shal to do business in the State whe and shall name Landlord as insu insurance for 6 months of rent 21 . USE . The Demised Pre for conduct therein of paper di purpose or purposes whatsoever . 22 . RELEASE 0P SUBROGATIC releases the other from any and the other (or anyone claiming t `- -- --- - -'- ------ - - ` r- (9flu of 9;z Am, C ttssttr�xts�##� ECEI'VtD a� 'V� part Of �p,Pttt JUN 1'I iu 45 AN 16 CITY CLi_AWS OfFiCE WILLIAM F. ABBOTT JUNE 15, 1976 SALEMo MASS. JOSEPH F. DOYLE JOHN M.GRAY,SR. ARTHURJANET. E UREGAN E DECISION ON THE THE PETITION OF ROB & ROD REALTY TRUST TO REHABILITATE JANET. LF FAME AN AND CONVERT THE EXISTING BUILDING AT 25 LYNDE STREET TO TWO APARTMENT DONALD E EAMES EMERY P. TANCH UNITS (B-3 DISTRICT). Hearing on this petition was held on June 15, 1976. Present were Chairman John M. Gray, Sr., Donald Eames, Arthur LaBrecque, William Abbott and Jane Lundregan. Notices were duly mailed to abutters and others in accordance with Massachusetts General Laws, Chapter 808. Atty. Timothy O'Keefe appeared for the petitioners. He stated that although this side of the street is zoned B-3 there are no businesses located there. The building was used as a gift shop for years, and his clients have tried for 4 months to lease the property for business purposes with no success. The Board also took note of the fact that the other side of the street is a residential area and is zoned for residential use. The Board voted unanimously to grant the petition as requested. The Board felt that since the opposite side of the street is zoned for residences, and since no businesses existed on the B-3 side of the street, that the petitioner was at a disadvantage in attempting to rent the property out for business purposes. The Board felt that this was a sufficient hardship to support the granting of a variance for said property. The Board felt that it could grant said variance without derogating from the surround- ing neighborhood. APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK, VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. GRANTED SALEM BOARD OF APPEAL BYu �/��t� G�.�✓� S cretary O' MURPHY, RYAN &O'KEEEE ATTORNEYS AT LAW, INC. TEN CHESTNUT STREET PEABODY, MAssAcHUsETTs 01960 JOHN E. MURPHY Telephone JOSEPH COATIS RYAN 531-1421 TIMOTHY J.O`KEEPE Joxi E.MURPHY,JR. May 17, 1976 Salem Board of Appeals City Hall Salem, Massachusetts 01970 Rei Application for Variance Rob -& Rod Realty Trust 25 Lynde Street Gentlemen: Enclosed please find application for variance in triplicate, duplicate copies of plot plan and scale drawings, in addition to check for Thirty-One Dollars and Twenty-Five Cents ( $31.25) . Please cause the same to be heard on your next available meeting date. Should you have any questions, please do not hesitate to contact me. Thank you. Respectfu TI O'KEEFE TJOK/sm Enclosures SENDER' - m _ I also wish to receive the Complete i —a—.d/or 2 for additional services. Complete items 3,and 4a&15 ` following services (for an extra a Print your name and address ofiRhe reverse of this form so that we can fee): _return this card to you. m a Attach this form to the front ofsthe mailpiece,or on the back if space 1. ❑ Addressee's Address —does not permit. • Write"Return Receipt Requested"cn the mailpiece below the article number. 2 ❑ Restricted Delivery .0 The Return Receipt Fee will provide you the signature of the person delivers —to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number H. Drew Roamnovitz P 735 n12 6c;9 4b. Service Type 25 Lynde Street ❑ Registered ❑ Insured Certified - ❑ COD 019Y00Salemf MA �19�� ❑ Express M it ❑ Return Receipt for Merchandise 7. Date f slivery 2 5. Sig ture (Addressee) 8. Ad ressee's Address 10nly if requested and fee is paid) 6. Signat (Agent. ) PS Form 3811,/November 1990 *U.S.GPO:1991-287-use DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE ESS fF _. ..� o JUL 2d a m Official Business 199 ,oma, PERMTIT M PRIVATr— USE, 3300 Print your name, address and ZIP Code here David J. Harris / Public Property One Salem Green Salem, MA 01970 Citp of *alem, A1ag5acbU!9ettg a �P Public Propertp ;Department \�✓ �3uilbing department One 6alem Oreen 745-9595 (ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 23, 1991 H. Drew Rananovitz 25 Lynde Street Salem, MA 01970 RE: 25 Lynde Street Dear Mr. Rcmanovitz, Due to cotrplaints received frau the Health Department, be advised that your third floor apartrnent shall not be occupied until an inspect- ion is made by this office, regarding your exitways. Please contact this office within seven days of receipt of this letter, so we may set up an appointment for inspection. Sin Z:] �/W�' David J. Harris Assistant Building Inspector DJH/eaf cc: Board of Health �73s"03 � (� S�l i DEP t �''awna CITY OF SALEM HEALTH DEPARTMENT 114y `Of BOARD OF HEALTH RFCE i' pZ Salem. Massachusetts 01970 C9 North Street �TYOF SPCtrfD1fASS ROBERT E BLENKHORN , HEALTH AGENT 508-741-1800 July 11, 1991 Drew Romanovitz, Atty. 25 Lynde St. k Salem, MA. 01970 Dear Sir: REi"25`Lynde St. On 7/10/91, complaints were received by the-Plumbing Inspector's Office and the Health Department from your third floor tenant David Paras, regarding gas shut-off and excessive gas bills. Plumbing Inspector Dennis Ross and Health Inspector Virginia Moustakis met on site with your tenant. Mr Ross evaluated and checked the water and heating for this building which consists of two apartments and an office on the first floor. It appears there is some mixup regarding which meter belongs to which apartment. Kindly take immediate corrective action to resolve this matter and, if necessary, employ the serviceskof a licensed plumber. Please be advised that the gas must be reinstated immediately within 24 hours per State Sanitary Code, Chapter II, 105 CMR 410.620 "Curtailment Prohibited". No owner or occupant shall cause any service, facility, equipment, or utility which is required to be made available by 105 CMR 410.000 to be removed from or shut-off from any occupied dwelling except for such temporary period as may be necessary during actual repairs or alterations and where reasonable notice of curtailment of service is given to the occupant, or during temporary emergencies when curtailment of service is approved by the Board of Health. If any such service or facility that a person is required to provide by 105 CMR 410.000 or has agreed to supply by written letting agreement becomes curtailed, that person shall take immediate steps to cause its restoration. (See M.G.L. c. 186, s. 14) . VIOLATIONS WHICH MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH OR SAFTEY AND WELL-BEING OF AN OCCUPANT. *�' � SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 Romanovitz July 11, 1991 Page 2 �At time of inspection, we also noted an—opening-in the floor leading down -to the office to the exterior that the tenant stated was the second means! lof egress. We are referring this matter to the building inspector for hi-S-7 tevaluation and determination We are requesting that all objects placed around the heating units and water tank to be removed to allow free circulating air. Kindly contact this office upon reinstatement of gas service. Very truly yours, FOR THE BOARD OF HEALTH REPLY TO Robert E. Blenkhorn C.H.O. Virginia E. Moustakis Health Agent Sanitarian VEM/NAM Enclosure 1 CC: Dennis Ross, Municipal Plumbing Inspector David Paras. Se-d6. _Tripe-c7V1e_ Certified Mail P 417 243 998 aw �s CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street ROBERT E. BLENKHORN - Salem,Massachusetts 01970 HEALTH AGENT - 508-741-1800 -- Dear Property Owner: $ This notice serves to inform you of the requirements of the State Sanitary Code Chapter II: Minimum Standards of Fitness for Human Habitation, relative to metering of electricity and gas. 105 Clot 410.354 Metering of Electricity and Gas - (A) The ower shall provide and pay for the electricity and gas used in each dwelling unit unless (1) Such gas or electricity is metered through a meter which serves only the dwelling unit, except as allowed by 105 CMR 410.254 (B); and (2) The,rental agreement .provides for payment by the occupant. (B) If the ower is. required, by this Chapter or by a rental agreement ' - consistent with this Chapter, to pay for the electricity or gas used in a dwelling unit, then such electricity or gas may be metered through meters which serve more than one dwelling unit. - (C) If the ower is not required to pay for the electricity or gas used in a .dwelling unit, then the ower shall install and maintain wiring and piping so that any such electricity or gas used in the dwelling unit is.metered through meters which serve only such dwelling unit. 105 CMR 410.254 Lighting in Passageways Hallways and Stairways (A) The ower shall at all times provide and pay for, except as allowed in 105 CMR 410.254 (B), light in every part of all interior passageways, hallways, and stairways used or intended for use by the occuapnts of more than one dwelling unit or rooming unit so that illumination, alone or in conjunction 'with natural lighting, shall be at least 3 footcandles, measured at floor level. - � (B) In a dwelling containing only three or fewer dwelling units, the light fixtures used to illuminate a common hallway may be wired .to the electric service serving a dwelling unit on the same floor provided that if the occupant of such dwelling unit is responsible for paying for the e.1tric service to such dwelling unit, then (1) the rental agreement shall state that the occupant is responsible for paying for the light in the common hallway; and (2) the owner shall so notify the occupants of the other dwelling units. Put more simply, a property owner is required to pay gas and electricity for residential tenants if there is not a written letting agreement stating the tenant is responsible for those utilities and if the meter(s) record electricity and gas : use which is not used exclusively by that tenant. Examples -Of violations include . but are not limited to a tenant paying for lights and smoke detectors in common hallways, and one gas heating system serving two or more units, either in whole or in part, with the tenants responsible for the gas charges. - Please be advised that it is your responsibility as property owner to ensure that your dwelling complies with this and all other applicable sections of the State Sanitary Code Chapter II. In recent decisions, the Department of Public Utilities has billed property owners for their tenants' entire utility bills retroactive to the date of initial Occupancy in cases in which cross-metering has been proven to exist. Feel free to contact this office at (508) 741-1800 with any questions. FOR THE BOARD OF HEALTH ROBERT E. BLENKHORN, C.H.O. Health Agent Citp of &aren 01aoacbuotto Public Propertp Mepartment g Nuitbing Mepartment One *stem Oreen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer September 21 , 1989 H . Drew Romanovitz 25 Lynde Street Salem, MA . 01970 RE["25 Lynde=5Creet Dear Mr . Romanovitz , Due to complaints recieved at this office , please be advised that you may be in violation of the Mass State Building Code , section 609 . ( number of exitways ) Please contact this office within seven days from receipt of this letter to set up an appointment for a site visit at the above referenced property . Sinceely , David J . Harris Assistant Building Inspector DJH/eaf C . C . City Solicitor Fire Prevention Ward Councillor CUP of 6atem, Aaaacbugettg Public Propertp Mepartment ew a 13uilbing Mepartment One balem Oreen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer September 21 , 1989 H . Drew Romanovitz 25 Lynde Street Salem, MA . 01970 RE : 25 Lynde Street Dear Mr . Romanovitz , Due to complaints recieved at this office , please be advised that you may be in violation of the Mass State Building Code , section 609 . ( number of exitways ) Please contact this office within seven days from receipt of this letter to set up an appointment for a site visit at the above referenced property . Sinqe"rely , David J . Harris Assistant Building Inspector DJH/eaf C . C . City Solicitor , Fire Prevention Ward Councillor SALEM FIRE DEPARTMENT - INSPECTION REPORT ADDRESS : TYPE OF NAME OF.. //OCCUPANCY:: Goy 1'�D ces '� ��� ° OCCUPANCY P.T.N.W, �l uJ egrn,yi✓e1V/Tc- ADDRESS 17;9'11V .SJ-_ 6&1 T E L -2j'':3— 3-f/3' BLDG. OWNER -SAY, ADDRESS _i, e TEL. -------------------------------------------------------------------- --------ANSWER-ALL_QUESTIONS_-EITHER_"YES_ ,-_NO"�_OR__NONE" 1 . Are the approaches to the building free and clear? _ 2 . Does the area adjacent to the building, appear to be free — of rubbish accumulations , or other fire hazards? G 3 . Are facilities provided for the safe disposal of rubbish? ye-5 4 . Are all outside egress paths free from any obstructions that may interfere with the safe exit of the occupants? ey 5 . " porches and fire escapes, appear to be in a safe Zbndaxion and 'free of obstructions? tS 6. pp ldutside sprinkler and standpipe F.D. connections 3ippe� to be in good and usable condition? /1/�i✓� 7 . Arduentrances and hallways clear of any obstructions ,/✓ tl sty_may interfere with the emergency exit of occupants? ,' t:�� 8: -Are 411 interior occupied spaces clean and consistant with good housekeeping practices? e S 9 . Are all necessary Licenses and Permits posted 6 dated? y,�_-,s 10. Are the occupants complying with all regulations and conditions , as prescribed on the Licenses and Permits? C,S 11. Are all vertical shafts and stairwells properly safe- guarded and provided with self closing devices? 12. Are all portable fire extinguishers readily accessable and have they been inspected and properly tagged? rJoA/e 13. Does this occupancy have a fixed fire extinguishing system? _/_ Date of last inspection? 14 . Does this occupancy have a standpipe system? 11yo _ Are all pressures satisfactory? Are standpipe hoses provided? Is a gauge provided at top of system? yuo <i 15. Does this occupancy have a sprinkler system? /P—/V _ Are all pressure gauges showing satisfactory readings? Are all O . S. 6Y. valves open and padlocked? Is a gauge provided at the top of the system? /Eivr 16 . Is this a "WET" or "DRY" system? /fid ✓� rnrm 91 r ( P.,, 1 /701 - 17 .• Does this occupancy have an interior fire alarm system? Vis 18 . Date of last test of the interior fire alarm system? ? 19 . Does this occupancy have a direct Fire Alarm connection? .yu Master Instant Type :Box # ADT# Alarm # AFA# 3M# Other 20 . Is emergency liahting system or units provided? nfQ 21 . Are all emergency lighting units in good operating condition.?4&'2/e- 22 . Does the occupancy have any unusual condition which would constitute a special fire hazard? N 23 . Are all flammables stored in proper containers and/or Mored in an approved storage area? V GS 24 . Are all areas used for storage maintained in a safe manner?�/CS 25 . Are basement areas free of any rubbish accumulation? 11cs 26 . roes the heatinc system, including the chimney , appear to be in a safe operating condition? �5 27Ts a current fuel oil permit posted and storage proper? -d5 29 . tre there any electrical hazards? d 20 . -, -as the occupancy appear to have any structural defects? Alto 30 . Has a Form 25D ( Inspection Recommendation Form) , been made and issued for this inspection? yt�d Write a brief description of any violations discovered during this inspection . If the violation requires an early Fire Prevention Bureau notification , file a Form #58 (Complaint Form) If the violation appears to require immediate action , notify the Deputy Chief on duty. List each remark with item number for identification. • r r` Name of person to whom Form #25D was issued : Date : Inspected Inspected by :� Approved bYL-���o�mpany �� _Approved byOfficer D.C. in charge of Insp. Date : P.T.N. checked b F.A. Form #16 - ( Rev. 1!79) y Bate of Permit No.of Permit Banner Architect Builds, �� d7 Clog, 'Idg. Ward location Work Started Work Completed Material No.of Stones Mo.of foremasts Dimensions in Feet Irem let lines Sections of Code to Apply Additions RaPAirs L Height Dimension Bata of Inspection Section of Code Violated Remedied 7/1/75 #186 (Owner-Rob Rod RealtyE enovat•ions and repairs AOon 61/231/76, #-- 6/19/81 (k238 �fOwn ef=H.Drew Romrovitz) Rel cats bithroom,bedroom,stairway a d add gre Ouse, rear deck on 2nd floor not allowed a i ind'cated on plans U � SALEM FIRE DEPARTMENT COMPLAINT FORM FIRE PREVENTION BUREAU �X/44 DATE...:/...�./.Y..........19Y...j. TIME...................M. Location of Complaint or Hazard v�J N Q /)_,f[..f. 1 Complaint by Address Nature of ComplaintIn / - � Received by Investigated by DATE.. .....................19....-TIME ,,*................M. Action Taken 6 2 S.S cJ��i'I N 22 Ee f QV- p d5 U i Lr) "-N 6 F �A Qnm FST.' O; j Other Department Notified FORM #58 of p c`c1Em, � c Sa�C� 1t5P tECEIVED Paara of }pet Juti ?4 ,6 4s AM '76 CITY CLLhK'S OFFICE WILLIAM F. ABBOTT JUNE- 15, 1976SALEM.MASS.. JOSEPH F. DOYLE - - JOHN M.GRAY.SR. - ARTHUR E LUE DRE JANET. LF FAMES DECISION ON THE THE PETITION OF ROB & ROD REALTY TRUST TO REHABILITATE DONALD EGA AN AND CONVERT THE EXISTING BUILDING AT 25 LYNDE STREET TO TWO APARTMENT . EAME EMERY P. TANCH UNITS (B-3 DISTRICT). '- --"` 1 Hearing on this petition was held on June 15, 1976. Present were Chairman John M. Gray, Sr., Donald Eames, Arthur LaBrecque, William Abbott and Jane Lundregan. Notices were duly mailed to abutters and others in accordance with Massachusetts General Laws, Chapter 808. Atty. Timothy O'Keefe appeared for the petitioners. He stated that although this side of the street is zoned B-3 there are no businesses located there. The building was used as a gift shop for years, and his clients have tried for 4 months to lease the property for business purposes with no success. The Board also took note of the fact that the other side of the street is a residential area and is zoned for residentia use. The Board voted unanimously to grant the petition as requested. The Board felt that since the opposite side of the street is zoned for residences, and since no businesses existed on the B-3 side of the street, that the petitioner was at a, disadvantage in attempting to rent the property out for business purposes. The Board felt that this was a sufficient hardship to support the granting of a variance for said property. The Board felt that it could grant said variance without derogating from the surround- ing neighborhood. APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS DECISION HAS BEEN FILED WITH THE PL0NING BOARD AND THE CITY CLERK. VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. GRANTED SALEM BOARD OF APPEAL BY j1G.c1_ / Secretary I Romanovitz & Manning Attorneys & Counsellors at Law 25 Lynde Street Salem, Massachusetts 01970 H. Drew Romanovitz Suite 2 Charles F. Manning 185 Main Street (617)745-5151 Gloucester, Mass. 01930 (617) 745-0261 Jurie 17,. 1988 (617) 281-0803 Sarah M. Hayes , Councillor City Hall Salem, Massachusetts 01970 Dear Councillor Hayes : As you know, I own the building, located. at, 103 School Street, Salem. Pursuant to same, I have been advised. by Mr. William H. Munroe that you are expressing some concerns with re- spect to the activities taking place at said building, specifically, my construction of storage space. I will be happy to discuss your concerns at your earliest possible convenience. Kindly contact my office to schedule a meeting. Thank you for your cooperation in this mat r. Ve ' yo , V Z HDR:amd cc: Mr. William H. Munroe Zoning Enforcement Officer r, v K.7 FALP A. DIANNE 08� POD DEALT`( TPUST NLo 2fot�l A. PAR215EL LA MAU20GEQI!5 Ex IST. 35TTO (7 APT:) , \\\\\\ GEomqE A. AIpytED EXIST 2�Z STotzY EX 14r 2 5`To1zY MAf?10ti] E. I (4 FAMILY) ('a APT. J McEI.I Ls 4t 30 -*'28 gFA ¢Z2 EX15T1F.IGj , 2 STO'2Y Moon FrzAME F5�,Dc,. L Y tiy TFEE: E: T P120poeso To COWTAIN i LP APARTMENT LIMITS i i I I it 5• { T" 23 32' X21 I i 127' 41' TO IJDYLTH rjT. : i I X15T 'y2 (3 APT.) CITY OF co , t 1 CIT j m SALEM F fir-- - - r- - -1 Lb Se. LEM ( I i SALEM Z4 1' \\/E5 LEY PAIZKINCI> 1 N � z M ET H o 015"T. - 1=XIST '5Toraj J - see. 5LtPq PLOT 171 AM oF: L AKJ V ' u >zcH -oCAD tt•J z LU :=PLE: M MA550 oYi PIz6P.ARED F02 Dob 4 Pop FFEALTY " OUST SALEM YoUNGj E►.IS ScaL�: Ij1= 2O Apo1L 30, 197G CH215TIAN C1ATI01J �O E. \� � rST2EET 4 Lor UuES F2OM PLA►JSAmo \ DEEDS of PECORD AND C1TY oF:5ALEM .�55E550R51\�APS. PJLtIL.DiNC�3 Fr?ANf FIELD LOcAnom. PeEPA1QE0 BY-' 3rd.9:'rvT A. 4 MA50P STeffeT J tEvrnAY, nRASS. 01025 1 Sala 8 . yA.. .. Puttrb of �pyral GLMME�r WILLIAM F. ABBOTT JOSEPH F. DOYLE JOHN M.GRAY,SR. ARTHUR E LABRECQUE JUNE 24, 1976 JANE T. LUNDREGAN DONALD E. FAMES EMERY P. TANCH - NOTICE is hereby given that as of this date the decision of the Board of Appeals has been filed in the office of the City Clerk on the petition of Rob & Rod Realty .Trust to rehabilitate and convert the existing building at 25 Lynde Street to two apartment units. retaryLl O 4 CITY OF SALEM, BOARD OF APPEAL PETITIONF.•R ROB & ROD REALTY TRUST TIME 7:30 P.M. LOCATION 25 LYNDE STREET (B-3 District) DATE 6/15/76 i PETITION Convert existing building at 2 apartments. [ l i APPEARING FOR PETITIONER STATEMENTS IN FAVOR e � a APPEARING /PPOSITION STATEMENTS IN OPPOSITION VOTE TO VOTE TO LEAVE TO -MEMSBERS PRESENT ABSENT GRANT DENY WITHDRAW NO VOTE . e ABBOTT DOYLE GRAY LABREC UE X \ LUNDREGAN I EAMES Assoc. X TANCH Assoc. REASONS FOR DECISION - Iti ABUTTERS• - G!%� /���2 ✓ - ear c s e Ti#J of Oialem, fGMsSMrhnset#s May 21, 1976 � Assemre' (®fftcc. Uj fall Map 26 Lot 440 To: 25 Lynde St. Assessed Owner: Rob Rod Realty Trust, D G Roy & P B Maurice Trs. MAP & LOT LOCATION ASSESSED OWNER MAILING ADDRESS 26 433 10-12 Lynde St. George A Ahmed 106' North St. , Salem 26 426 28-30 Lynde St. to " 26 432 14 Lynde St. Steven Kipuros Same as location 26 431 16 Lynda St. First Church of Christ Same as location Christian Science 26 430 18 Lynde St. Marion E Mavrogenis 18 Lynde St., Salem 26 429 20 Lynde St. " to 26 428 24 Lynde St. Rob Rod Realty Trust 63 Liberty St. , D G Roy, & P B Maurice Trs. Middleton, Ma. 01949 26 427 26 Lynde St. Ralph A & Diane A Parisella c/o Beverly Savings Bank Beverly, Ma. 01915 26 425 32 Lynde St. James M Solovicos 5 Summer St. , Salem Raymond T White 26 434 15 Lynde St. Gary Real Estate Trust 31 Exchange St. Samuel P & Rose S Backman Trs. Lynn, Ma. 35 23 50-54 Washington St. Tabernacle Church 59 Federal St , Salem 35 19 68-70 Washington St. Salem Masonic Temple c/o H A Stoddard Jr. 70 Washington St. , Salem 26 436 266-268 Essex St. 0 L Bowman & Son Inc. 16 Shorewood Road c/o Richard D Bowman Marblehead, Ma 01945 26 437 270-276 Essex St. Victoria 0 Hedio 21 Pickman Rd. , Salem _. 26 438 284-300 Essex St. Salem Young Men's Christian Assoc. 288 Essex St. , Salem 26 442 6 North St. it to of " it 26 444 302 Essex St. Three Hundred Two Essex St. RTR. 328 Essex St., Salem Donald Koleman Tr. 26 443 304 Essex St. Morris & Anne Winer 30 Evans Rd., Peabody 26 447 275-281 Essex St. C F Tompkins Co. 279 Essex St. , Salem 26 456 289-297 Essex St. E M Loew's Theatres Inc. 164 Tremont St , Boston,Ma. 26 457 299 Essex St. Hair Fashions Inc. Same as location 26 439 21 Lynde St. City of Salem 26 435 8 Sewall St. to 26 455 287 Essex St. " 26 506 North`fSt. " 26 423 32 North St. " 26 489 310 Essex St. " ' Abutters to: 25 Lynde St. Page 2 MAP & LOT LOCATION ASSESSED OWNER MAILING ADDRESS 26 413 32-50 Federal St. County of Essex 26 412 54 Federal St. First Baptist Church Same as41ocation 26 414 41 Federal St. Federal Street Trust 26 410 60 Federal St. Edward & Phyllis Mello Trs. 6 Walsh Ave. , Peabody, 26 409 62 Federal St. Ma. 01960 26 411 58 Federal St. 26 415 43 Federal St. 26 ' 416 45 Federal St. 26 417 47 Federal St. Frank C Hancock c/o Beverly Savings Bank Robert B Bowman Beverly, Ms. 01915 26 418 49 Federal St. John F & Alice M Greene 17 Mall St. , Salem 26 419 55-57 Federal St. Alice B Rogers Same as location 26 420 59 Federal St. Ronan & Harrington Rlty Tr. Same as location 0 James T Ronan et al Tr. 26 421 63 Federal St. Agnes L Carlin Same as location 26 422 65 Federal St. John R & Ann M Serafini Same as location 26 497 85 Federal St. Francis J & Francis Joseph 45 Warren St., Saelm Murphy 26 441 18 North St. Wesley Methodist Church 12 Lee St. , Salem c/o C A Currie 26 424 24 North St. Harold J & Gertrude E Lyons P. 0. Box 222 26 496 27 North St. " " " Ipswich, Ma 01938 26 492 17 North St. Association of Elks Same as location 26 493 19 North St. Louis A Patterson & Same as location Celia P Solata 26 494 21-23 North St. Richard & May P Soo Hoo 9A Ware St. Apt. 20 Cambridge, Ma. 26 495 25 North St. Est of Henry N Clement 81 Washington St. c/o Joseph Bachorowski Salem, Ma. 01970 rl CHURCH r �'� 413 /506 1,96 4c. y >.. tES _ �r I ! 412 _tX , co. 1 4 3T,81p PROF3�TE 1 o 979 r 2�3 - - A5- ".�„� COURT a F E p 6� o cs sS R A B1 L h v S8 43 9 4 ^T 3n E 32 3p 68 a3 J 42t 17, 418 418 -1 �' , y 4 F E 0 �'n 3,051 4,/79 4 24 s-9 497 0 2J�483{ 4pso j `! 4, r 4198 Ea- p 3> 3�a 429 430 g3j 43 �I— 9 N f a °-24 58 .3 a3 sss 4a-s- 441 s '{ a 441 4 ¢-r ; S T R 30300 E, T ' ps.� 44901 �.D `—' PA ' 8R lNG isz$ C. 4 s WESLEY N E METHODIST o ✓43 3z ,s n 8,748 CHURCH � w rn ea�si 'CITY aEAT PL.- —1 y PC m 44 m RKrNG 435 I. 6170240/57- 4$ 10,7/4, M_ C. . !l ITCH W 5233 438 A NOUS ?ss y „ 1 I 459? a 5oz app -.35985 437 430 F' 21 3�5G 3925 fr"�' 12 ' S - . " 43s '` - 859 SEX _ � >o-s 14r+ 9D . 39r 630T 29p-I"'239-2sT - 29T .. e - 32 - - 35- 56-256 2� La ?" 38. p-2 2" 54 244- 48 33 261 253-257- 24, ,,s S a `�n°5 447 `� 33 °' S8 `o�r' � `dao �d�4 '956z d "' a 446 so. z o0 5 80 56 7,824 _ of oatemo ;ffiaggaCbUM;Cttg Public Propertp Mepartment Jguitbing Mepartment One SLaiem green 745-9595 txt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 15, 1991 David Paras 25 Lynde Street Salen,MA 01970 RE: GAS PIPING gt 25 Lynde Street Dear Sir, Having received a complaint from the Salem Board of Health, regarding possible cross connection of gas piping at the above referenced property, a site visit was made on July 10, 1991. I met with Virginia Moustakis of the Health Department and David Paras at 25 Lynde Street, the following was found. Gas piping to the first floor gas furnace and the third floor gas range were on one meter. The other meter has gas connection with one gas fired water and one gas fired furnace, which was not in operation. The owner, Drew Romanowitz arrived, showing the gas meter which he claims he pays for, which is the same meter in question. Mr. Romanowitz assured me he would straighten out this problem. I also noted that a water heater was installed without benefit of a gas permit, Mr. Rcmanowitz said he would take care of this matter also. If you have any further questions regarding this matter please contact me at this office. Sincerely, Dennis Ross Gas & Plumbing Inspector DR/eaf